ENACTMENT NO 4 OF 1955ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1955 (1374H)

PART VII - MARRIAGE AND DIVORCE

Section 105. Divorce at wife’s request.

(1) A married woman may apply to a Kathi for a divorce in accordance with Muslim law.

(2) In any such case the Kathi shall summon the husband before him and enquire whether he consents to be divorced. If the husband so consents the Kathi shall on payment of the prescribed fees cause the husband to pronounce a divorce, register such divorce and issue certificates thereof to the parties to the marriage.

(3) If the husband does not agree to be divorced by consent, but the parties agree to a divorce by redemption, or cherai tebus talak, the Kathi may assess the amount of the payment to be made by the wife in accordance with the status and means of the parties and shall thereupon on payment of the prescribed fees cause the husband to pronounce a divorce by redemption and register and issue certificates of the same in the manner aforesaid.

(4) If the husband does not agree to divorce by redemption, the Kathi may appoint Hakam as provide in section 141 of this Enactment.